Squatter Law Changes in Florida

A new law dealing with squatters officially went into effect in Florida on Monday.

A squatter is any individual who decides to inhabit a piece of land or building they have no legal right to occupy, according to the American Apartment Owners Association (AAOA). The squatter lives in the building or on the property they select without paying rent and without lawful documentation stating they own the property.

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Florida's new legislation follows the passage of a similar law that was signed in April in Georgia.

The legislative changes were approved by the governors of Florida and Georgia amid high-profile incidents that have taken place across the country. The issue has sparked some legislators to move towards passing laws that they feel will provide more protection for property owners.

However, experts have also suggested that squatter incidents are rare, with some saying that landlords are abusing the issue in an attempt to deny people legal rights over homes. Yet, policymakers from other states like New York and New Hampshire have also shown a willingness to change laws in a way that will better protect homeowners.

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Florida's Squatter Law

In March, Florida Governor Ron DeSantis put his signature on the HB 621 bill whose stated purpose is to "protect property rights" and punish squatters.

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In a response to Newsweek's request for comment on Monday, a spokesperson from the governor's office pointed to his statement in March.

"We are putting an end to the squatters scam in Florida," DeSantis said in a statement after signing the legislation into law. "We are protecting property owners and punishing criminals looking to game the system."

Under the new law, property owners can have local law enforcement remove a squatter if they unlawfully entered and remain inside a property, the individual has been directed to leave the property by the owner, but has not done so, and the individual is not a current or former tenant in a legal dispute, according to a statement from the governor's office.

For an accused squatter, the new law lays out the penalties they could potentially face:

• A first-degree misdemeanor for making a false statement in writing to obtain real property or for knowingly and willfully presenting a falsified document conveying property rights;
• A second-degree felony for any person who unlawfully occupies or trespasses in a residential dwelling and who intentionally causes $1,000 or more in damages; and
• A first-degree felony for knowingly advertising the sale or rent of a residential property without legal authority or ownership.

Georgia's Squatter Reform Act

In April, Georgia Governor Brian Kemp signed into law a piece of legislation that aimed to update its mechanism for dealing with squatting. HB 1017, dubbed Georgia Squatter Reform Act, modified regulations to deal with "unlawful squatting violations."

"The Act defines unlawful squatting as when an individual resides on another's land or premises without their knowledge or permission," the bill's summary reads.

Accused squatters will be granted three days to offer evidence that they have legal rights over a property.

"If they cannot provide such proof, they are subject to arrest and could face misdemeanor charges," the legislation said. "The reform provides a streamlined process for ejecting squatters, including a submission of property affidavit, setting a time frame for eviction, and provisions for the use of monetary relief."

In response to a request for comment, a spokesperson from Kemp's office referred Newsweek on Monday to his statement on X, formerly Twitter, where he said he was "proud" to put his signature on the bill back in April.

"It is nothing short of insane that there are some who are entering other people's homes and claiming them as their own," he wrote in a post on X. "I was proud to sign HB 1017 - once again making it clear that illegal squatters are criminals, not residents."

Correction, 7/1/24, 5:30 p.m. ET: This story has been corrected to say that Georgia's squatter law came into effect upon the governor's signature in April. The headline of this article has also been changed.